Case T-128/12: Judgment of the General Court of 12 June 2013 — HTTS v Council (Common foreign and security policy — Restrictive measures adopted against Iran in order to prevent nuclear proliferation — Freezing of funds — Manifest error of assessment)
Date: 2013-06-12
Institutions: General Court
Subjects: Iran, capital movement, international sanctions, nuclear non-proliferation








C_2013225EN.01007602.xml










3.8.2013   


EN


Official Journal of the European Union


C 225/76





Judgment of the General Court of 12 June 2013 — HTTS v Council
(Case T-128/12) (1)

(Common foreign and security policy - Restrictive measures adopted against Iran in order to prevent nuclear proliferation - Freezing of funds - Manifest error of assessment)
2013/C 225/170
Language of the case: German

Parties


Applicant: HTTS Hanseatic Trade Trust & Shipping GmbH (Hamburg, Germany) (represented by: J. Kienzle and M. Schlingmann, lawyers)

Defendant: Council of the European Union (represented initially by: M. Bishop, Z. Kupčová and F. Naert and subsequently by: Bishop and Z. Kupčová, acting as Agents)

Intervener in support of the defendant (Case T-182/12: Federal Republic of Germany (represented initially by: J. Möller, T. Henze and N. Graf Vitzthum and subsequently by: J. Möller and T. Henze, acting as Agents)

Re:

In Case T-128/12, application for annulment of Council Decision 2012/35/CFSP of 23 January 2012 amending Decision 2010/413/CFSP concerning restrictive measures against Iran (OJ 2012 L 19, p. 22), in that it listed the applicant’s name on new grounds in Annex II to Council Decision 2010/413/CFSP of 26 July 2010 concerning restrictive measures against Iran (OJ 2010 L 195, p. 39) and of Council Implementing Regulation (EU) No 54/2012 of 23 January 2012 implementing Regulation (EU) No 961/2010 on restrictive measures against Iran (OJ 2012 L 19, p. 1) in so far as the applicants’ names have been listed on new grounds in Annex VIII to Council Regulation (EU) No 961/2010 of 25 October 2010 on restrictive measures against Iran and repealing Regulation (EC) No 423/2007 (OJ 2010 L 281, p. 1) and, in Case T-182/12, application for annulment of Council Regulation (EU) No 267/2012 of 23 March 2012 concerning restrictive measures against Iran and repealing Council Regulation (EU) No 961/2010 (OJ 2012 L 88, p. 1), in so far as the applicant’s name has been maintained in the list of persons and entities and bodies whose assets have been frozen.

Operative part of the judgment

The Court:






1.


Joins Cases T-128/12 and T-182/12 for the purposes of the judgment;










2.


Rules that, in Case T-128/12, there is no further need to adjudicate on the application for annulment of Council Implementing Regulation (EU) No 54/2012 of 23 January 2012 implementing Regulation (EU) No 961/2010 on restrictive measures against Iran in so far as it concerns HTTS Hanseatic Trade Trust & Shipping GmbH;










3.


Annuls Council Decision 2012/35/CFSP of 23 January 2012 amending Decision 2010/413/CFSP concerning restrictive measures against Iran in so far as it has entered the name of HTTS Hanseatic Trade Trust & Shipping in Annex II to Decision 2010/413;










4.


Annuls Annex IX to Council Regulation (EU) No 267/2012 of 23 March 2012 concerning restrictive measures against Iran and repealing Council Regulation (EU) No 961/2010 in so far as it concerns HTTS Hanseatic Trade Trust & Shipping;










5.


Upholds the effects of Council Decision 2010/413/CFSP of 26 July 2010 concerning restrictive measures against Iran, as amended by Decision 2012/35, as regards HTTS Hanseatic Trade Trust & Shipping, since its entry into force on the 20th day following its publication in the Official Journal of the European Union until the annulment in part of Regulation No 267/2012 takes effect;










6.


Orders the Council of the European Union to pay the costs incurred by HTTS Hanseatic Trade Trust & Shipping and to bear its own costs;










7.


Orders the Federal Republic of Germany to bear its own costs.






(1)  OJ C 157, 2.6.2012.